We suffered an apartment fire and lost almost everything we own. The superintendent has been notified of a smoke so a possible fire, so she would check on it. Two separate individual called her at 7 am and 8 am, different occasions. We have been notified by the fire department, around 11am that there was a fire in the building,so we were evacuated. 4 families became homeless in a building with nearly 40 apartments. If the super responded to the two separate calls at 7 am and 8 am and checked on it on time right away, the fire could have been prevented earlier with less damages. It was found that the fire started between ceiling and roof, from electric system of the building. We now have no place to live. We lost every single item, except our clothings and shoes. We had no renters insurance. We, the four families now would like to know if can bring the landlord or his liability insurance or the super, or all of them, in a court of law, to claim our losses, because the Super' s gross negligence, since she advised the two callers in the eary morning that the building was safe, someone was making barbecue. Would she be grossly negligent for her irresponsible act as she didn't take necessary precautions to check if there was a fire in the building? We need an urgent advise. Please help! Thank You. Georgeo, on behalf of the other 3 families.

Yes, this is a possible basis for liability. Also I would look into the actual cause of the fire, which you say was an electrical problem. The landlord may be liable for this too.

But I don't think small claims is the way to go. I would guess that the damages, especially for 4 families, exceed the SC limit. Speak to an attorney, who may be willing to take the case on a contingency.

This is far past small claims and you will need an attorney to file in court.

My only question, and one you will have to answer in court, why did you not call the fire department when you saw smoke ? Why did you call the super instead ?

I would say that the Super and their insurance will try and use this to show that you and the other residents were partial at fault for not calling the fire department theirself.

Also if the super was off that day, had to get ready, perhaps they were miles away, responding to a maintaince issue coming there in a few hours is not always considered poor response.

The next issue is your duty to carry your own insurance, which would now be caring for your needs.

But this law suit can take years, so for now you need to take care of your own needs.

We can't determine online who is liable, but it sounds like you have grounds for a lawsuit. It would save a lot if all of hire one lawyer. Write down everything you can while fresh in your minds, and instruct the others to do so too. Save any phone messages or emails or letters. Check the laws of your state regarding responsibility of landlords when tenants are forced out by fire when the fire has already been determined by the fire marshall to be the LL's fault (or tell us where you live). Get a copy of that report.

Please do not start new threads for same subject. I have merged your posts

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Originally Posted by georgeomc

We need an urgent advise. Please help! Thank You. Georgeo, on behalf of the other 3 families.

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Hello Georgeo:

You MAY have a case... But, there's a LONG way between HAVING a case and getting reimbursed for your losses. Like Joy suggested, you'll be better off if you can hire ONE attorney between the 4 families.. you SHOULD find on who will represent you on a contingency basis... That means if you don't win, you don't pay.. If you CAN'T find a lawyer who take your case on THAT basis, then you don't have a case. Or, if you do, you most likely don't have the money to pursue it... It could be in the $100's of thousands to represent you.

excon

Unless it can be shown that the landlord was aware of the electrical problem and did not try to fix it, then his liability will be minimal. He might be held liable for the actions of the superintendent, but then again he might not. And if the super is found liable, the landlord's insurance might not cover him and I doubt if she has any money or insurance to pay your damages.

As Chuck states, the question of why you didn't call the fire dept yourself will be raised and that will reduce the liability of the plaintiff.

I agree that the 4 families should hire a lawyer together, but it will probably be years before you see any money, if you ever do. There are only two ways I can see you winning this. First, you have to prove negligence on the part of the landlord and/or his employee (the super). That requires that a) it be proven the LL knew about the electrical problem and didn't fix it and b) the super was negligent in investigating the complaints. If a court rules in your favor on b) then I doubt if 100% liability will be awarded since you could have called the fire dept and didn't.

His insurance will not cover your belongings. The only way they will cover it is liability for negligence. For the future, renter's insurance is inexpensive. I don't know if a court will fault you for not carrying insurance, but they may.

Good luck to you, but you have a long road ahead of you.

I see mutual negligence and, therefore, no case - or at least a case which can be argued (literally) to death.

Tenants call the super. Is there PROOF that the super did nothing? Or did the super check and saw what an untrained eye - not a Firefighter - would have seen? Fires smolder for a very long time before they turn into active fires.

Two tenants smelled smoke (or whatever), called the super and DID NOT call the Fire Department. Another legal argument - yes, the super is held to a higher standard BUT if the tenants weren't alarmed should the super be alarmed and be responsible for calling the Fire Department?

I see a POSSIBLE case against the super and landlord. I see NO CASE against the insurance carrier.

For that matter - why didn't anyone have renters insurance?

And, yes - I've investigated fires.

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Originally Posted by JudyKayTee

I see NO CASE against the insurance carrier.

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I just wanted to clarify this. I agree there is no case against the Landlord's carrier. The landlord has no responsibility to cover the tenant's belongings. So no claim can be put against the landlord's carrier.

However, if the landlord or his employee can be proven to have been negligent, then the landlord's liability coverage will come into play. If a court does award damages to the displaced renters due to negligence, the liability coverage would pay out up to the limits of the policy.

Yes, absolutely. IF there is negligence the landlord's policy will pay. It is possible that the only path to the landlord is through the super; therefore, the OP would have to sue both.

No renters insurance is your fault - not the landlord's fault.

No one calling the fire department is your fault - not the landlord's fault.

And I do not forsee you or the other 3 families winning a liability suit considering those 2 issues stated above will definitely scuttle your case in Court.

Renter's insurance is relatively cheap for what you get. We're talking $20 or less per month depending on the valuation of the contents of your apartment. Are you that strapped for $ that you could not afford even minimal renter's insurance? Next time you just need to add this item into what you pay for rent and consider it money well spent as the landlord is not responsible for your contents - he just insures the building, nothing more.

And as for the super - supers are not the end all to end all. What would you have done had this been a fire in your apartment? Call the super or call the fire department.

Any good insurance defense attorney will rip your case to shreads in a heartbeat.

You need to also speak to the Fire Marshall to determine the exact cause of the fire to determine who to blame. Was this really an electrical problem or did someone fall asleep smoking in bed?